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TBULIvKTIN    OK    THE 


BUREAU  OF  UBOR  STATISTICS 


OF  THE  STATE  OF  CALIFORNIA. 


PKOPOSED  LABOR  LAWS. 


COMPILED   AND   RECOMMENDED   BY 


E.  L.  FITZGERALD, 


Commissioner. 


1896 


Printed  at  the  State  Printing  Office,  Sacramento. 
A.  J.  Johnston,  Superintendent. 


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^  State  Bureau  of  Labor  Statistics,  ) 

San  Francisco,  July  25,  1896.        \ 

To  his  Excellency  James  H.  Budd,  Governor  of  California: 

Sir:  I  have  the  honor  to  submit  herewith  a  bulletin  containing  that 
portion  of  my  Biennial  Report  for  the  years  1895-96  relating  to  laws 
and  recommendations. 

Yours  very  respectfully, 

E.  L.  FITZGERALD, 

Commissioner. 


330569 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/bulletinofbureauOOcalirich 


TO  THE  PEOPLE  OF  THE  STATE  OF  CALIFORNIA, 


I  beg  leave  to  submit  herewith  for  your  consideration  a  budget  of  bills 
which  I  have  prepared  to  be  introduced  at  the  next  Legislature  for  the 
purpose  of  remedying  and  abolishing  many  of  the  evils  to  which  labor 
has  been  subjected  in  the  past,  which  said  evils,  in  my  opinion,  should 
be  speedily  remedied. 

Before  presenting  these  bills,  it  is  my  desire  that  those  directly  inter- 
ested in  this  legislation  should  first  peruse  and  approve  them,  or  sug- 
gest any  changes  which  may  be  deemed  expedient,  in  order  that  the 
same  may  be  absolutely  correct  and  operative  when  they  become  laws, 
and  save  any  further  legislation  upon  the  same  ground. 

One  by  one  has  the  necessity  of  each  legislative  action  herein  recom- 
mended become  manifest  in  order  to  remedy  the  unfortunate  existing 
conditions,  and  to  extend  to  those  requiring  same  the  protection  and 
rights  which  the  Government  owes  them.  Every  measure  herewith 
presented  has  been  suggested  by  the  consideration  of  complaints  w^hich 
from  time  to  time  have  been  filed  in  my  office;  the  causes  leading  to 
the  said  complaints,  in  nearly  every  case,  being  the  violation  of 
unwritten  law  or  the  encroachment  upon  the  rights  of  mankind,  which 
now  I  consider  the  duty  of  our  Legislature  to  rectify. 

Much  time  and  attention  have  been  given  by  our  sister  States  to  the 
passage  of  laws  protecting  labor  and  according  to  it  full  justice  at  the 
hands  of  the  people. 

The  labor  laws  of  the  State  of  California  have  been  few,  imperfect, 
and  incomplete;  effective  in  some  instances,  but  not  of  sufficient  scope 
to  meet  the  requirements  and  necessities  of  our  laboring  classes.  There- 
fore, with  a  view  to  the  adoption  of  a  code  of  laws  which  will  form  a 
nucleus,  to  be  added  to  and  improved  upon  from  time  to  time  as  necessity 
requires,  I  submit  these  bills,  the  text  of  which  will  follow  under  their 
different  heads — the  following  synopsis  of  same  showing  their  objects: 

No.  1.     Eight  Hours. 

Section  3245  of  the  Political  Code  provides  that  eight  hours  shall 
constitute  a  day's  work.  The  statute  is  not  definite  and  is  capable  of 
circumvention  by  contractors  who  pay  by  the  hour,  and  is,  therefore,  in 
many  instances  inoperative,  requiring  an  amendment  to  render  its 
enforcement  effective. 


No.  2.     Bakeries. 

To  pass  a  uniform  law  requiring  cleanliness,  and  to  insure  purity  in 
the  manufactured  product  of  this  all-important  industry. 

No.  3.     Governmental  Boards  Awarding  Contracts. 

To  prohibit  Boards  of  Supervisors,  Common  Councils,  Boards,  Com- 
missions, etc.,  awarding  contracts  to  persons  who  have  previously 
defrauded  laborers  of  their  wages.  This  practice  is  carried  on,  to  a 
large  extent,  in  San  Francisco.  There  being  no  lien  on  public  work, 
the  laborer  is  placed  at  the  mercy  of  his  employer,  with  many  disastrous 
results. 

No.  4.     Bond  Protecting  Labor  on  Public  Work. 

The  purpose  of  this  law  is  analogous  to  the  foregoing,  and  is  framed 
with  a  view  of  protecting  the  laborer  where  the  foregoing,  through  inad- 
vertence, might  be  disregarded. 

No.  5.     Creating  Bureau. 

To  reestablish  the  Bureau  as  la  Bureau  of  Labor,  provide  for  Free 
Employment  Offices,  and  to  introduce  provisions  facilitating  the  work, 
where  the  present  law  is  defective  and  inoperative. 

No.  6.     Regulating  Employment  Offices. 

To  place  those  persons  who  traffic  in  labor  under  uniform  regulations, 
to  protect  the  persons  dealing  with  them,  and  to  make  the  said  agents 
amenable  to  law  for  the  atrocities  they  have  so  long  practiced. 

No.  7.     Per  Diem  on  Public  Work. 

Creating  a  minimum  price  which  laborers  must  be  paid,  insuring  a 
livelihood,  and  protecting  honest  employers  against  unscrupulous  com- 
petitors. 

No.  8.     Bakers^  Hours. 

To  establish  uniform  hours  for  the  persons  engaged  in  this  most 
arduous  toil;  a  necessary  sanitary  regulation. 

No.  9.     Time-Check  System. 

To  abolish  the  system  now  in  vogue  throughout  the  State  of  depriv- 
ing laborers  of  their  pay  for  unreasonable  periods;  to  prevent  the 
desperate  condition  to  which  laborers  are  forced  through  its  operation — 
one  of  the  greatest  of  evils,  requiring  proper  legislation  and  enforcement. 

No.  10.     Identity  of  Prison-Made  Goods. 

Requiring  the  branding  of  all  goods  made  in  the  penal  institutions  of 
the  State,  to  distinguish  the  same  from  the  product  of  free  labor. 


—  7  — 

No.  11.     Remitting  Advanced  Costs  of  Suit. 

To  allow  the  person  who  otherwise  cannot  collect  money  due  for 
labor  performed  to  sue  for  same  in  Justices'  Courts,  without  advancing 
costs  of  suit. 

No.  12.     Collusion  with  Employment  Agents. 

To  prohibit  employers  from  contracting  with  employment  agents  to 
furnish  labor  and  dividing  commissions  paid  by  the.  latter. 

No.  13.     Employment  of  Citizens. 

To  prohibit  the  employment  of  other  than  citizens  of  the  United 
States  upon  public  work. 

No.  14.     Lunch  Hour. 

To  provide  a  reasonable  time  for  the  mid-day  meal,  obviating  the  evil 
of  labor  in  retail  establishments  being  forced  to  visit  lunch-counters 
and  saloons  for  want  of  time. 

No.  15.     Boiler  Inspectors. 

To  provide  for  the  proper  conduct  of  this  important  business  as  a 
safeguard  to  life  and  property. 

No.  16.     Providing  for  Payment  of  Employes. 

To  avoid  delay  in  payment  of  wages  due  when  persons  are  discharged 
from  service. 

No.  17.     Blacklisting. 

To  prevent  an  embargo  upon  labor  when  discharged  for  alleged 
causes,  resulting  in  its  inability  to  obtain  other  employment. 

No.  18.     Costs  of  Suit. 

Providing  for  the  costs  in  actions  for  the  price  of  labor  or  services  in 
different  courts. 

Permit  me  to  state  that  I  consider  every  laboring-man  in  this  State 
to  be  directly  interested  in  and  affected  by  one  or  more  of  the  foregoing 
bills,  and  it  is  to  his  interest  to  see  the  same  passed.  In  compiling 
these  laws,  it  ha^s  been  my  sole  aim  to  be  just  and  fair  to  all,  fully 
comprehending,  realizing,  and  recognizing  the  position  and  rights  of 
employer  and  employe. 

The  mere  passage  of  a  law,  if  the  same  be  not  properly  enforced  when 
placed  upon  the  statute  books,  is  a  waste  of  time  and  money;  if  allowed 
to  lie  dormant  in  our  Codes  the  people  of  the  State  are  deprived  of  the 
benefit  after  paying  the  expense  of  enactment;  therefore,  in  this  connec- 
tion, permit  me  to  say  that  I  have,  during  my  incumbency,  in  every 
instance  where  a  violation  of  a  labor  law,  whether  or  not  I  am  supposed 


to  enforce  same,  has  come  under  my  observation,  endeavored  to  enforce 
the  same  to  the  best  of  my  ability,  and  the  record  in  my  office  can  best 
testify  to  the  success  achieved  in  the  premises;  and  I  further  guarantee 
the  vigorous  and  energetic  enforcement  of  any  laws  which  now  are  or 
hereafter  may  be  enacted. 

It  is  my  sincere  hope  that  every  member  of  the  Legislature  will  accord 
to  these  measures  his  hearty  support,  to  the  end  that  the  work  of  the 
Department  of  Labor  may  be  better  facilitated  and  that  protection  and 
justice  will  be  extended  to  the  people  of  our  State. 

In  conclusion,  permit  me  to  say  that  I  deem  these  laws  the  personal 
concern  of  every  laboring-man  in  California,  and  with  him  rests  the 
matter  of  their  enactment. 

Respectfully  submitted, 

E.  L.  FITZGERALD, 

Labor  Commissioner. 
San  Francisco,  Cal.,  July  17,  1896. 


No.  1. 

An  Act  Amending  Section  3245  of  the  Political  Code.' 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly ^ 

do  enact  as  follows: 

Section  1.  Section  thirty^two  hundred  knd  forty-five  of  the  Politi- 
cal Code  of  this  State  is  hereby  amended  so  as  to  read  as  follows: 

Section  3245.  Eight  hours'  labor  in  each  day  of  twenty-four  hours 
shall  constitute  a  legal  day's  work  in  all  cases  where  the  same  is  per- 
formed under  the  authority  of  the  law  of  this  State,  or  under  the  direc- 
tion, control,  or  by  the  authority  of  any  officer  of  this  State  acting  in 
his  official  capacity,  or  under  the  direction,  control,  or  by  the  authority 
of  any  municipal  corporation  within  this  State,  or  of  any  officer  thereof 
acting  as  such;  and  in  no  case  provided  for  in  this  section  shall  any 
person  be  permitted  to  labor  more  than  eight  (8)  hours  in  each  day  of 
twenty-four  (24)  hours;  and  a  stipulation  embodying  the  provisions  of 
this  section  must  be  made  a  part  of  all  contracts  to  which  the  State  or 
any  municipal  corporation  therein  is  a  party. 

Sec.  2.  Any  contractor  or  other  employer  of  labor,  or  any  State  or 
municipal  officer  or  officers,  who  shall  violate  any  of  the  provisions  of 
this  Act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  fined  in  a  sum  of  not  less  than  two  hundred  dollars, 
or  imprisoned  in  the  county  jail  for  a  period  of  not  less  than  thirty  days, 
or  both  such  fine  and  imprisonment. 

Sec.  3.     This  Act  shall  take  effect  immediately. 


No.  2. 

An  Act  to  Provide  for  the  Proper  Sanitary  Condition  of 
Bakeries,  and  the  Preservation  of  the  Health  of  the  Em- 
ployes therein. 

The  People  of  the  State  of  Calif ornia,  represented  in  Senate  and  Assembly ^ 

do  enact  as  follows: 

Section  1.  All  buildings  or  rooms  occupied  as  biscuit,  bread,  pie,  or 
cake  bakeries,  shall,  upon  the  direction  of  the  Labor  Commissioner,  be 
drained,  plumbed,  and  ventilated,  and  kept  in  accordance  with  the  laws, 
ordinances,  and  regulations  governing  drainage,  plumbing,  sanitation, 
and  ventilation,  in  a  manner  to  conduce  to  a  proper  and  healthful  san- 
itary condition,  and  in  such  manner  as  to  insure  ventilation.  No  cellar 
or  basement  not  now  used  for  a  bakery  shall  hereafter  be  occupied  and 
used  as  a  bakery,  unless  the  proprietor  shall  have  previously  complied 
with  the  sanitary  provisions  of  this  Act. 

Sec  2.  Every  room  used  for  the  manufacture  of  bread,  or  other 
flour  or  meal  food  products,  shall  be  at  least  eight  (8)  feet  in  height 
and  shall  have,  if  deemed  necessary  by  the  Labor  Commissioner,  an 
impermeable  floor  constructed  of  cement,  or  of  tiles  laid  in  cement,  with 
an  additional  flooring  of  wood  or  constructed  of  wood  properly  saturated 
wath  linseed  oil.     The  side  walls  of  said  room  shall  be  plastered  or  wain- 


—  10  — 

scoted,  and,  if  required  by  the  Labor  Commissioner,  the  side  walls  and 
ceiling  shall  be  whitewashed  at  least  once  in  three  (3)  months,  and  the 
woodwork  of  such  walls  shall  be  painted  when  so  required  by  said 
Commissioner.  The  furniture  and  utensils  in  such  rooms  shall  be  so 
arranged  that  the  furniture  and  floor  may  at  all  times  be  in  a  proper, 
sanitary,  and  clean  condition.  No  domestic  animal,  except  cats,  shall 
be  allowed  to  remain  in  a  room  used  as  biscuit,  bread,  pie,  or  cake 
bakery,  or  in  any  room  in  such  bakery  where  bread,  or  other  flour  or 
meal  food  products,  are  stored. 

Sec.  3.  Every  bakery  shall  be  provided  with  a  proper  wash-room  and 
water-closets,  apart  from  the  bake-room  or  rooms  where  the  manufactur- 
ing of  such  food  products  is  conducted;  and  no  water-closet,  earth- 
closet,  privy,  or  ash-pit  shall  be  within  or  communicate  directly  with 
the  bake-room  of  any  hotel  or  public  restaurant. 

Sec.  4.  Bread  and  other  manufactured  meal  and  flour  food  products 
shall  be  kept  in  perfectly  dry  and  airy  rooms,  so  arranged  that  floors, 
shelves,  and  other  facilities  for  storing  the  same  can  be  easily  and  per- 
fectly cleaned. 

Sec  5.  The  sleeping-places  for  the  persons  employed  in  a  bakery 
shall  be  separate  from  the  room  or  rooms  where  bread  or  other  flour  or 
meal  food  products  are  manufactured  or  stored;  and  the  Labor  Com- 
missioner may  inspect  such  sleeping-places  if  they  are  on  the  same  floor 
as  the  bakery,  and  order  them  cleaned  or  otherwise  changed  so  as  to 
comply  with  the  sanitary  laws  and  regulations. 

Sec.  6.  After  the  passage  of  this  Act,  no  new  bakery  shall  be  estab- 
lished or  re-opened  where  one  has  been  closed,  in  a  room  the  floor  of 
which  is  more  than  two  (2)  feet  below  the  level  of  the  street,  sidewalk, 
or  adjacent  ground. 

Sec.  7.  The  owner,  agent,  or  lessee  of  any  property  affected  by  the 
provisions  of  this  Act,  shall,  within  sixty  (60)  days  after  the  service  of 
a  notice  upon  him  by  the  Labor  Commissioner  requiring  any  alterations 
to  be  made  in  or  upon  such  premises,  comply  with  said  requirements; 
and  such  notices  shall  be  in  writing,  and  may  be  served  upon  such 
owner,  agent,  or  lessee,  either  personally  or  by  mail;  and  a  notice 
mailed  to  the  last  known  address  of  such  owner,  agent,  or  lessee,  shall 
be  deemed  sufficient  for  the  purpose  of  this  Act. 

Sec  8.  Any  person  who  violates  any  of  the  provisions  of  this  Act, 
or  refuses  to  comply  with  any  of  the  requirements  of  the  Labor  Com- 
missioner in  pursuance  thereof,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
twenty  (20)  dollars  nor  more  than  one  hundred  (100)  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  ten  (10)  days  nor 
more  than  thirty  (30)  days,  or  be  both  so  fined  and  imprisoned. 

Sec  9.     This  Act  shall  take  effect  immediately. 


No.  3. 

An  Act  to  Prohibit  the  Awarding  of  Contracts  for  Pubhc 
Work  to  Persons  having  Judgments  Standing  against  Them 
for  Non-Payment  of  Labor. 

The  People  of  the  State  of  Calif orniaj  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  board  or  commission  of 
the  State,  Board  of  Supervisors  of  any  county  or  city  and  county,  the 
Common  Council  of  any  municipality,  or  Board  of  Trustees  of  any  dis- 
trict, or  any  other  legislative  body  of  any  governmental  subdivision  of 
this  State,  which  by  law  is  empowered  to  award  contracts,  to  award 
to  any  person,  firm,  corporation,  or  association  of  persons,  any  contract 
for  the  performance  of  public  work  when  there  shall  be  standing 
against  the  said  person,  firm,  corporation,  or  association,  in  any  county 
within  this  State,  any  unsatisfied  judgcient  for  the  non-payment  of 
wages  due  for  labor  performed. 

Sec.  2.  Any  contract  or  contracts  hereafter  awarded  in  violation  of 
this  Act  shall  be  wholly  void,  and  no  action  thereon  shall  be  main- 
tained in  any  court  in  this  State. 

Sec.  3.     This  Act  shall  take  effect  immediately. 

No.  4. 

An  Act  to  Provide  for  a  Bond  for  the  Protection  of  Laborers 

Upon  Public  Work. 

The  People  of  the  State  of  Calif  orniaj  represented  in  Senate  and  Assembly  j 

do  enact  as  follows: 

Section  1.  Whenever  any  board,  officer  or  officers,  of  any  county, 
city  and  county,  city,  or  town,  of  this  State,  or  tribunal  transacting  the 
business  of  any  municipal  corporation  of  this  State,  shall  contract  with 
any  person  or  persons  for  the  construction,  alteration,  or  repair  of  a 
public  work  of  such  character  that,  if  both  parties  to  the  contract  were 
private  persons,  all  persons  and  laborers  of  every  class  performing  labor 
upon,  or  furnishing  materials  to  be  used  on  such  public  work,  would, 
under  the  provisions  of  the  Code  of  Civil  Procedure,  relating  to  liens  of 
mechanics  and  others  upon  real  property,  have  a  lien  upon  the  property 
upon  which  they  have  bestowed  labor  or  furnished  materials,  for  the 
value  of  such  labor  done  and  materials  furnished;  then  said  board, 
ofiicer  or  officers,  or  tribunal,  shall,  before  the  consummation  of  such 
contract,  exact  and  take  from  such  contractor  a  good  and  sufficient  bond 
with  two  or  more  sureties,  who  shall  justify  as  bail  upon  arrest,  which 
said  bond  shall  be  conditioned  to  inure  to  the  benefit  of  any  and  all 
persons  who  perform  labor  for  said  contractor,  or  for  any  person  act- 
ing for  him  or  by  his  authority;  which  bond  shall  be  filed  in  the  office 
of  the  Recorder  of  the  county  in  which  said  public  work  is  to  be  con- 
structed. 

Sec  2.  The  bond  mentioned  in  the  preceding  section  shall  be  in  an 
amount  equal  to  the  full  contract  price  agreed  to  be  paid  for  such  public 


—  12  — 

work,  and  shall  be  to  the  State  of  California;  and  any  and  all  persons 
to  whose  benefit  said  bond  inures  shall  have  an  action  to  recover  upon 
said  bond  against  the  principal  and  sureties,  or  either  of  them,  for  the 
value  of  such  labor,  not  exceeding  the  amount  of  the  bond. 

Sec.  3.  If  any  board,  officer  or  officers,  of  any  county,  city  and 
county,  city,  or  town,  of  this  State,  or  tribunal  transacting  the  business 
of  any  municipal  corporation  in  this  State,  shall  fail  to  take  the  bond 
provided  for  in  the  two  preceding  sections  of  this  Act,  such  board, 
officer  or  officers,  or  tribunal,  shall  be  jointly  and  severally  liable  to 
the  persons  to  whose  benefit  said  bond  inures  to  the  full  amount  of  the 
indebtedness  of  such  contractor  to  said  persons,  incurred  in  the  prosecu- 
tion of  such  public  work. 

Sec.  4.     This  Act  shall  take  effect  immediately. 


No.  5. 
An  Act  to  Establish  and  Support  a  Bureau  of  Labor. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

Section  1.  As  soon  as  possible  after  the  approval  of  this  Act,  and 
every  four  (4)  years  thereafter,  the  Governor  of  the  State  shall  appoint 
a  suitable  person  to  act  as  Commissioner  of  the  Bureau  of  Labor.  The 
headquarters  of  said  Bureau  shall  be  located  in  the  City  and  County  of 
San  Francisco;  said  Commissioner  to  serve  for  four  (4)  years,  and  until 
his  successor  is  appointed  and  qualified. 

Sec.  2.  The  Commissioner  of  the  Bureau,  before  entering  upon  the 
duties  of  his  office,  must  execute  an  official  bond  in  the  sum  of  five 
thousand  (5,000)  dollars,  and  take  the  oath  of  office,  all  as  prescribed 
by  the  Political  Code  for  State  officers  in  general. 

Sec.  3.  It  shall  be  the  duty  of  the  Commissioner  to  collect,  assort, 
systematize,  and  present,  in  biennial  reports  to  the  Legislature,  statis- 
tical details,  relating  to  all  departments  of  labor  in  the  State,  such  as  the 
hours  and  wages  of  labor,  cost  of  living,  amount  of  labor  required,  esti- 
mated number  of  persons  depending  on  daily  labor  for  their  support, 
the  probable  chances  of  all  being  employed,  the  operation  of  labor- 
saving  machinery  in  its  relation  to  hand  labor,  etc.  Said  statistics  may 
be  classified  as  follows: 

First — In  agriculture. 

Second — In  mechanical  and  manufacturing  industries. 

Third — In  mining. 

Fourth — In  transportation  on  land  and  water. 

Fifth — In  clerical  and  all  other  skilled  and  unskilled  labor  not  above 
enumerated. 

Sixth — The  amount  of  cash  capital  invested  in  lands,  buildings, 
machinery,  material,  and  means  of  production  and  distribution  gen- 
erally. 

Seventh — The  number,  age,  sex,  and  condition  of  persons  employed; 
the  nature  of  their  employment;  the  extent  to  which  the  apprenticeship 
system  prevails  in  the  various  sldlled  industries;  the  number  of  hours  of 
labor  per  day;  the  average  length  of  time  employed  per  annum,  and  the 


~  13  — 

net  wages  received  in  each  of  the  industries  and  employments  enumer- 
ated. 

Eighth — The  number  and  condition  of  the  unemployed,  their  age, 
sex,  and  nationality;  together  with  the  causes  of  their  idleness. 

Ninth — The  sanitary  condition  of  lands,  workshops,  dwellings,  the 
number  and  size  of  rooms  occupied  by  the  poor,  etc. ;  the  cost  of  rent, 
fuel,  food,  clothing,  and  water  in  each  locality  of  the  State;  also,  the 
extent  to  which  labor-saving  processes  are  employed  to  the  displace- 
ment of  hand  labor. 

Tenth — The  number,  condition,  and  nature  of  the  employment  of  the 
inmates  of  the  State  Prisons,  county  jails,  and  reformatory  institutions, 
and  to  what  extent  their  employment  comes  in  competition  with  the 
labor  of  mechanics,  artisans,  and  laborers  outside  of  these  institutions. 

Eleventh — All  such  other  information  in  relation  to  labor  as  the 
Commissioner  may  deem  essential  to  further  the  object  sought  to  be 
obtained  by  this  statute,  together  with  such  strictures  on  the  condition 
of  labor  and  the  probable  future  of  the  same  as  he  may  deem  good  and 
salutary  to  insert  in  his  biennial  reports. 

Sec.  4.  The  Commissioner  shall,  as  soon  as  practicable  after  the 
passage  of  this  Act,  establish  under  his  direction  a  free  employment 
department  of  the  State  Labor  Bureau,  and  to  that  end  he  shall  estab- 
lish, and  thereafter  maintain,  free  employment  ojffices,  one  at  the  head- 
quarters of  the  Bureau  of  Labor  in  the  City  and  County  of  San  Fran- 
cisco, and  in  such  other  city  or  cities  as  he  may,  in  his  judgment,  deem 
the  public  interest  and  convenience  require.  He  shall  designate  for 
each  of  said  offices  a  deputy,  who  shall  have  charge  of  same,  together 
with  such  other  assistants  as  may  be  necessary  to  perform  the  work. 
It  shall  be  the  duty  of  the  said  deputy  to  receive  all  applications, 
except  those  of  Chinese  and  Japanese,  made  at  the  office  in  his  care  by 
persons  desiring  to  obtain  employment,  or  to  employ  labor  or  help  of 
any  kind;  to  note  requests  of  all  such  persons,  and  record,  in  a  book 
or  books  kept  for  that  purpose,  the  name  and  address  and  require- 
ments of  each,  and  fully  impart  to  all  applicants  such  information 
and  advice  as  he  may  be  able  to  give  regarding  their  several  wants;  to 
exclude  from  the  office,  and  enter  upon  a  book  kept  for  that  purpose, 
the  name  of  any  person  whom  he  shall  have  found  to  be  unreliable, 
irresponsible,  or  otherwise  objectionable;  to  make  monthly  reports  to  the 
Commissioner  of  the  Bureau  of  Labor,  of  the  number  and  nature  of  appli- 
cations received,  the  number  of  persons  (classified  as  to  sex  and  occupa- 
tion) who  have  secured  employment  through  his  office,  and  the  number 
and  character  of  "  wants"  which  he  is  unable  to  supply ;  to  collect  labor 
statistics  and  facts  relating  to  industrial  pursuits  and  employments, 
and  to  perform  such  other  duties  pertaining  to  said  office  as  may  be 
prescribed  by  the  Commissioner  of  said  Bureau. 

Sec.  5.  No  fee  or  compensation  shall  be  charged  to,  or  received  from, 
any  person  seeking  or  obtaining  employment,  or  employing  or  desiring 
to  employ  labor,  through  said  offices;  and  any  agent,  clerk,  or  employe 
connected  with  any  free  public  employment  office  established  or  main- 
tained under  this  Act,  who  charges  any  fee  to,  or  receives  any  compen- 
sation, directly  or  indirectly,  from  any  person  seeking  or  obtaining 
information,  assistance,  or  benefit  of  any  kind  through  said  office,  shall 
be  deemed  guilty  of  a  misdemeanor;  and  upon  conviction  thereof  shall 
be  fined  in  any  sum  not  exceeding  one  hundred  (100)  dollars,  or  im- 


—  14  — 

prisoned  in  the  county  jail  for  a  term  of  not  more  than  thirty  (30)  days, 
or  both  fined  and  imprisoned. 

Sec.  6.  It  shall  be  the  duty  of  all  officers  of  State  departments,  and 
the  county  officers  of  the  various  counties  of  the  State,  to  furnish,  upon 
the  written  request  of  the  Commissioner,  all  the  information  in  their 
power  necessary  to  assist  in  carrying  out  the  objects  of  this  Act.  And 
all  printing  required  by  the  Bureau  in  the  discharge  of  its  duty  shall  be 
performed  by  the  State  Printing  Department,  and  at  least  three  thousand 
(3,000)  copies  of  the  printed  report  shall  be  furnished  the  Commissioner 
for  free  distribution  to  the  public;  also,  all  bulletins  and  circulars  that 
may  be  necessary  from  time  to  time. 

Sec.  7.  Any  person  who  willfully  impedes  or  prevents  the  Commis- 
sioner or  his  deputy  in  the  full  and  free  performance  of  his  duty,  or 
who  willfully  refuses  to  obey  a  subpoena  issued  by  the  Commissioner  or 
his  deputy,  or  who  willfully  refuses  to  respond  when  sent  for  in  the  per- 
formance of  his  or  their  duty,  shall  be  guilty  of  a  misdemeanor;  and 
upon  conviction  of  the  same  shall  be  fined  not  less  than  ten  (10)  nor 
more  than  fifty  (50)  dollars,  or  imprisoned  not  less  than  seven  (7)  nor 
more  than  thirty  (30)  days  in  the  county  jail,  or  both. 

Sec.  8.  The  offices  of  the  Bureau  shall  be  open  for  business  from 
nine  (9)  o'clock  a.  m.  until  five  (5)  o'clock  p.  m.  every  day  except  non- 
judicial days;  and  the  officers  thereof  shall  give  to  all  persons  request- 
ing it  all  needed  information  which  they  may  possess. 

Sec.  9.  The  Commissioner  shall  have  power  to  send  for  persons  and 
papers  whenever  in  his  opinion  it  is  necessary,  and  he  may  examine 
witnesses  under  oath,  being  hereby  qualified  to  administer  the  same  in 
the  performance  of  his  duty;  and  the  testimony  so  taken  must  be  filed 
and  preserved  in  the  office  of  said  Commissioner.  He  shall  have  free 
access  to  all  places  and  works  of  labor;  and  any  principal,  owner,  oper- 
ator, manager,  or  lessee  of  any  mine,  factory,  workshop,  warehouse, 
manufacturing  or  mercantile  establishment,  or  any  agent  or  employe 
of  such  principal,  owner,  operator,  manager,  or  lessee,  who  shall  refuse 
to  said  Commissioner,  or  his  authorized  representative,  admission 
therein,  or  who  shall,  when  requested  by  him,  willfully  neglect  or 
refuse  to  furnish  to  him  any  statistics  or  information  pertaining  to  his 
lawful  duties,  which  may  be  in  his  possession  or  under  the  control  of  said 
principal,  owner,  operator,  lessee,  manager,  or  agent  thereof,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
less  than  fifty  (50)  nor  more  than  two  hundred  (200)  dollars,  and 
imprisoned  in  the  county  jail  not  more  than  thirty  (30)  days,  or  both. 

Sec.  10.  No  use  shall  be  made  in  the  reports  of  the  Bureau  of  the 
names  of  individuals,  firms,  or  corporations  supplying  the  information 
called  for  by  this  Act,  such  information  being  deemed  confidential,  and 
not  for  the  purpose  of  disclosing  any  person's  affairs;  provided,  however, 
that  this  section  does  not  apply  and  is  not  intended  to  protect  indi- 
viduals, firms,  or  corporations  who  willfully  refuse  or  neglect  to  furnish 
such  information,  or  such  information  as  cannot  be  construed  to  Work 
an  injury  to  the  business  of  the  informant.  Any  agent  or  employe  of 
said  Bureau  violating  this  section  shall  be  deemed  guilty  of  a  misde- 
m.eanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  to 
exceed  five  hundred  (500)  dollars  or  by  imprisonment  in  the  county 
jail  not  to  exceed  six  (6)  months. 

Sec.  11.  The  Commissioner  shall  appoint  a  chief  deputy,  who  shall 
serve  the  same  time  and  have  the  same  powers  as  said  Commissioner  as 


—  15  — 

set  forth  in  the  preceding  sections;  three  (3)  deputies,  who  shall  serve 
at  the  pleasure  of  the  Commissioner,  who  shall  have  the  same  powers  as 
the  Commissioner  and  shall  serve  in  such  capacities  as  may  be  desig- 
nated by  the  said  Commissioner;  and  such  other  assistants,  not  to 

exceed ,  as  the  performance  of  the  work  of  the  Bureau  and  of  the 

said  offices  may  require. 

Sec.  12.     The  salary  of  the  Commissioner  shall  be  — — dollars  per 

annum,   and  the  salary  of  the  chief  deputy  shall  be  dollars  per 

annum,  and  the  salary  of  the  deputies  shall  be dollars  per  annum, 

to  be  audited  by  the  Controller  and  paid  by  the  State  Treasurer  in  the 
same  manner  as  other  State  officers  are  paid. 

Sec.  13.     The  sum  of dollars  shall  be  appropriated  each  year 

out  of  any  money  in  the  State  Treasury  not  otherwise  appropriated,  for 
the  payment  of  rent,  salaries  of  assistants,  traveling,  incidental,  adver- 
tising, and  all  other  expenses  necessary  in  conducting  the  said  Bureau. 

Sec.  14.  The  Commissioner  shall  have  power  to  appoint  an  attorney, 
who  shall  hold  his  office  during  the  Commissioner's  pleasure;  and  it 
shall  be  the  duty  of  such  attorney  to  act  for  and  represent  the  Commis- 
sioner of  the  Bureau  of  Labor  in  all  legal  matters  which  may  require 
the  official  attention  of  the  Commissioner,  and  to  conduct  and  prosecute 
to  final  judgment  all  actions  or  causes  of  action  referred  to  him  by  the 
Commissioner,  and  to  report  fully  upon  all  questions  and  actions 
referred  to  him  by  the  Commissioner  as  often  as  may  be  required. 

Sec  15.     The  salary  of  such  attorney  shall  be dollars  per  annum 

and  such  reasonable  fees  as  he  may  charge  in  all  actions  or  suits  con- 
ducted by  him  in  which  the  amount  involved  is  over  twenty-five  (25) 
dollars;  provided,  that  no  fee  shall  be  charged  by  him  in  any  action  in 
which  the  amount  involved  is  less  than  twenty-five  (25)  dollars. 

Sec.  16.  The  stated  salary  of  said  attorney  shall  be  paid  out  of  the 
State  Treasury,  upon  warrants  drawn  by  the  Controller,  in  the  same 
manner  as  the  salaries  of  other  State  officers  are  paid. 

Sec.  17.  An  Act  entitled  ^'An  Act  to  establish  and  support  a  Bureau 
of  Labor  Statistics,"  approved  March  third,  eighteen  hundred  and 
ninety-three,  and  all  Acts  supplementary  thereto  or  amendatory  thereof, 
are  hereby  repealed. 

Sec  18.     This  Act  shall  take  effect  immediately. 

No.  6. 

An  Act  to  Define  the  Duties  and  Liabilities  of  Employment 

Agents. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

Section  1.  It  shall  be  unlawful  for. any  employment  agent  to  receive, 
directly  or  indirectly,  from  any  applicant  for  employment,  any  money, 
token,  or  other  thing  of  value,  in  exchange  for  any  information  to  be 
given  or  any  registration  to  be  made  by  said  employment  agent  for  the 
purpose  of  securing  employment  for  said  applicant,  or  in  exchange  for 
any  other  assistance  or  promise  of  assistance  by  said  employment  agent 
for  the  purpose  of  securing  employment  for  said  applicant,  unless  the 
said  applicant  is  thereupon  and  forthwith  secured  employment  by  said 


—  16  — 

employment  agent,  or  unless  the  money,  token,  or  other  thing  of  value 
deposited  with  or  paid  to  said  employment  agent  by  said  applicant  be 
immedia,tely  returned  to  said  applicant  in  the  event  that  said  applicant 
fails  to  obtain  employment  as  aforesaid. 

Sec.  2.  No  employment  agent  shall  in  any  case  charge,  in  return  for 
securing  employment  for  an  applicant,  as  herein  set  forth,  any  fee  or 
commission  in  excess  of  five  (5)  per  cent  of  the  monthly  wages  earned 
or  to  be  earned  by  said  applicant  during  the  first  month  of  his  said 
employment;  and  in  case  the  term  of  said  employment  shall  be  less 
than  one  (1)  month,  the  fee  or  commission  to  be  paid  said  employment 
agent  shall  in  no  case  exceed  five  (5)  per  cent  of  the  wages  actually 
earned  in  said  employment. 

Sec.  3.  Every  employment  agent  shall,  in  connection  with  his 
business,  keep  a  book  or  set  of  books  showing  the  number  of  applica- 
tions for  employment  made  to  said  employment  agent,  the  number  of 
applicants  sent  by  him  to  employers,  the  number  of  applicants  for 
whom  employment  has  been  secured  by  said  employment  agent,  the 
amount  of  fees  and  commissions,  and  the  character  and  value  of  any 
other  property  taken  by  said  employment  agent  in  return  for  securing 
employment  for  applicants,  and  the  amount  of  money  and  the  character 
and  value  of  other  property  returned  to  applicants  who  have  failed  to 
obtain  employment;  and  every  employment  agent  shall,  upon  the  first 
day  of  each  month,  furnish  to  the  Commissioner  of  the  Bureau  of  Labor  a 
written  statement  from  said  book  or  set  of  books  plainly  setting  forth 
said  facts  upon  a  blank  form  to  be  furnished  by  the  said  Commissioner. 

Sec.  4.  Every  firm,  association,  corporation,  or  person  who  pursues 
for  profit  the  business  of  furnishing  information  to  any  applicant  or 
applicants  for  employment  for  the  purpose  of  enabling  said  applicant 
or  applicants  to  obtain  employment,  or  who  registers  for  any  fee,  charge, 
or  commission  the  name  of  any  applicant  or  applicants  for  employment 
for  the  purpose  of  securing  employment  for  said  applicant  or  applicants, 
is  an  employment  agent  within  the  meaning  of  this  Act. 

Sec.  5.  Every  employment  agent  violating  the  provisions  of  this  Act 
shall  be  deemed  guilty  of  a  misdemeanor;  and  upon  conviction  thereof 
shall  be  fined  not  more  than  two  hundred  (200)  dollars  nor  less  than 
fifty  (50)  dollars,  or  be  imprisoned  in  the  county  jail  not  more  than 
thirty  (30)  days,  or  be  both  fined  and  imprisoned. 

Sec  6.  All  Acts  and  parts  of  Acts  inconsistent  with  the  provisions 
of  this  Act  are  hereby  repealed. 

Sec.  7.     This  Act  shall  take  effect  immediately. 


No.  7. 

An  Act  Fixing  the  Minimum  Rate  of  Compensation  for  Labor 

on  Public  Work. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

Section  1.  The  minimum  compensation  to  be  paid  for  labor  upon 
all  work  performed  under  the  authority  of  any  law  of  this  State,  or 
under  the  direction,  control,  or  by  the  authority  of  any  officer  of  this 
State  acting  in  his  official  capacity,  or  under  the  direction,  control,  or 


—  17  -  • 

by  the  authority  of  any  municipal  corporation  within  this  State,  or  of 
any  officer  thereof  acting  as  such,  is  hereby  fixed  at  two  (2)  dollars  per 
day;  and  a  stipulation  to  that  effect  must  be  made  a  part  of  all  con- 
tracts to  which  the  State  or  any  municipal  corporation  therein  is  a 
party. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


No.  8. 

An  Act  to  Add  to  the  Political  Code  of  the  State  of  Cali- 
fornia Two  New  Sections,  to  be  Numbered  Sections  3246^ 
and  3247^  respectively,  Regulating  the  Hours  of  Labor  of 
Persons  Employed  in  Bakeries. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly , 

do  enact  as  follows: 

Section  1.  The  following  shall  be  added  as  a  new  section  to  the 
Political  Code  of  the  State  of  California,  and  shall  be  designated  as 
section  thirty-two  hundred  and  forty-six  and  one-half: 

3246^.  Ten  hours'  labor  constitutes  a  day's  work  on  the  part  of 
every  person  working  in  a  bread,  cake,  or  other  bakery.  Any  contract 
for  a  greater  number  of  hours'  labor  in  one  (1)  day  shall  be  and  is  void 
at  the  option  of  the  employe,  without  regard  to  the  terms  of  employ- 
ment, whether  the  same  be  by  the  hour,  day,  week,  month,  or  any  other 
period  of  time.  Any  and  every  person  working  over  ten  (10)  hours  in 
one  (1)  day  in  any  bread,  cake,  or  other  bakery,  shall  receive  from  his 
employer  thirty  cents  for  each  hour^s  labor  over  ten  (10)  hours  in  each 
day. 

Sec.  2.  The  following  shall  be  added  as  a  new  section  to  the  Politi- 
cal Code  of  the  State  of  California,  and  shall  be  designated  as  section 
thirty- two  hundred  and  forty-seven  and  one-half: 

3247-g.  In  actions  to  recover  the  value  or  price  of  labor  under  section 
thirty-two  hundred  and  forty-six  and  one-half  of  this  Code,  the  plaintiff 
•may  include  in  one  action  his  claim  for  the  number  of  days,  and  the 
number  of  hours'  work  over  ten  (10)  hours  in  each  day,  performed  by 
him  for  the  defendant,  and  the  Court  shall  exclude  all  evidence  of 
agreement  to  labor  over  ten  (10)  hours  in  one  (1)  day  for  a  less  price 
than  thirty  cents  for  each  hour,  and  the  Court  shall  exclude  any  and 
all  evidence  of  receipt  of  payment  for  hours  of  labor  over  ten  (10)  hours 
in  one  (1)  day,  unless  it  be  established  that  at  least  thirty  cents  for 
each  hour  of  labor  over  ten  (10)  hours  in  one  ,(1)  day  has  been  actually 
paid;  and  a  partial  payment  shall  not  be  deemed  or  considered  a  pay- 
ment in  full. 

Sec.  3.     This  Act  shall  take  effect  immediatelv. 


18 


No.  9. 

An  Act  to  Enforce  the  Prompt  Payment  of  the  Wages 
of  Laborers,  in  Lawful  Money  of  the  United  States  of 
America. 

The  People  of  the  State  of  Californiaj  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  corporation,  person,  or  firm 
engaged  in  manufacturing,  mining,  operating  or  constructing  railroads, 
or  in  any  other  business  or  enterprise  of  whatsoever  kind  in  this  State,  to 
issue,  pay  out,  or  circulate  for  payment  of  wages,  any  order,  check,  memo- 
randum, token,  or  evidence  of  indebtedness,  unless  the  same  is  negotiable 
and  redeemable  at  its  face  value,  without  discount,  in  cash  on  demand, 
at  the  store  or  other  place  of  business  of  such  firm,  person,  or  corpora- 
tion where  the  same  was  issued;  and  any  person,  corporation,  or  firm 
which  may  hereafter  issue  any  such  order,  check,  memorandum,  token, 
or  other  evidence  of  indebtedness,  shall,  upon  the  presentation  thereof 
and  demand,  redeem  the  same  in  lawful  money  of  the  United  States. 

Sec.  2.  Any  corporation,  person,  or  firm  engaged  in  the  business  of 
manufacturing,  mining,  operating  or  constructing  railroads,  or  in  any 
other  business  or  enterprise  of  whatsoever  kind  in  this  State,  who,  by 
themselves  or  agent,  shall  issue  or  circulate,  in  payment  for  wages,  any 
order,  check,  memorandum,  token,  or  evidence  of  indebtedness,  not 
redeemable,  as  required  by  the  first  section  of  this  Act,  or  shall  fail  to 
redeem  the  same  in  lawful  money  of  the  United  States  on  demand, 
when  presented  for  payment,  at  the  store,  ofiice,  or  other  place  of  busi- 
ness where  the  said  order,  check,  memorandum,  token,  or  evidence  of 
indebtedness  was  issued,  or  who  shall  compel  or  attempt  to  coerce  any 
employe  of  any  such  corporation,  person,  or  firm  to  purchase  or  receive 
goods,  wares,  merchandise,  or  supplies  from  any  person,  firm,  or  cor- 
poration, in  exchange  for  any  order,  check,  memorandum,  token,  or 
other  evidence  of  indebtedness,  shall  be  deemed  guilty  of  a  misde- 
meanor; and  upon  conviction  thereof  shall  be  fined  in  any  sum  not 
exceeding  three  hundred  (300)  dollars,  or  be  imprisoned  in  the  county 
jail  not  less  than  thirty  days  nor  more  than  sixty  days,  or  be  both 
fined  and  imprisoned. 

Sec.  3.  Whenever  the  owner  or  lawful  holder  thereof  is  compelled 
to  sue  for  the  recovery  of  the  face  value  of  any  check,  memorandum, 
token,  or  other  evidence  of  indebtedness,  issued  or  circulated  for  the 
payment  of  wages,  by  reason  of  the  failure  or  refusal  of  any  person,  cor- 
poration, or  firm  issuing  the  same  to  pay  the  same  on  demand,  as  pro- 
vided by  the  first  section  of  this  Act,  then  in  such  case,  if  judgment 
shall  be  rendered  in  favor  of  the  plaintiff,  the  Court  shall  allow  the 
plaintiff  an  attorney's  fee  of  not  less  than  ten  (10)  nor  more  than 
twenty-five  (25)  dollars,  to  be  taxed  as  costs. 

Sec.  4.  All  Acts  and  parts  of  Acts  in  conflict  with  this  Act  are 
hereby  repealed. 

Sec.  6.  This  Act  shall  take  effect  from  and  after  the  date  of  its 
passage;  but  it  shall  not  be  construed  as  affecting  any  bona  fide  con- 
tract heretofore  entered  into  contrary  to  its  provisions  and  existing  at 
the  date  of  the  passage  hereof. 


19 


No.  10. 


An  Act  to  Provide  for  the  Branding  of  All  Articles  Manufac- 
tured in  Prisons. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

Section  1.  All  articles  manufactured  in  any  penitentiary,  prison, 
house  of  correction,  or  other  place  of  confinement  for  the  punishment  of 
crime,  in  this  State,  must  be  branded,  or  (if  said  articles  be  of  such 
a  character  that  they  cannot  be  branded)  marked  or  tagged,  in  such  a 
manner  that  said  brand,  mark,  or  tag  shall  clearly  indicate  that  said 
articles  so  branded,  marked,  or  tagged  were  manufactured  in  a  peniten- 
tiary, prison,  house  of  correction,  or  other  place  of  confinement  for  the 
punishment  of  crime. 

Sec.  2.  Any  person  who  shall  willfully,  for  the  purpose  of  sale, 
remove,  destroy,  obliterate,  or  deface  any  brand,  mark,  or  tag  provided 
for  in  the  first  section  of  this  Act,  after  such  brand,  mark,  or  tag  has 
been  branded  upon,  imprinted  upon,  or  afiixed  to  said  articles,  shall  be 
guilty  of  a  misdemeanor;  and  upon  conviction  thereof  be  punishable  by 
a  fine  not  to  exceed  two  hundred  (200)  dollars,  or  imprisonment  in  the 
county  jail  not  to  exceed  thirty  (30)  days,  or  by  both  such  fine  and 
imprisonment. 

Sec.  3.     This  Act  shall  take  effect  immediately. 

No.  11. 

An  Act  to  Provide  for  the  Remission  of  Costs  in  Justices' 
Courts  in  Actions  to  Recover  for  Personal  Services. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly y 

do  enact  as  follows: 

Section  1.  In  any  action  brought  in  the  court  of  any  Justice  of  the 
Peace  of  this  State,  to  recover  money  due  for  work  done  or  services 
rendered,  it  shall  be  the  duty  of  the  Justice  of  Peace  before  whom  the 
action  is  brought,  upon  receiving  from  the  Commissioner  of  Labor  a 
written  recommendation  thereunto,  to  remit  to  the  plaintiff  all  his  costs. 

Sec.  2.     This  Act  shall  take  effect  immediately. 

No.  12. 

An  Act  to  Prevent  Collusion  between  Employers  of  Labor 
and  Employment  Agents. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  merchant,  manufacturer, 
contractor,  superintendent,  foreman,  overseer,  steward,  chief  cook,  or 
other  employe  or  employer  of  labor,  to  be  directly  or  indirectly  inter- 
ested in  any  fee,  commission,  money,  token,  or  other  thing  of   value 


—  20  — 

charged  or  received  by  any  emplojmient  agent  for  assisting  any  appli- 
cant for  employment  to  secure  employment;  or  for  any  merchant, 
manufacturer,  contractor,  superintendent,  foreman,  overseer,  steward, 
chief  cook,  or  other  employe  or  employer  of  labor,  to  collude  or  agree  in 
any  manner  with  any  employment  agent  for  the  purpose  of  receiving 
any  part  of  the  fee  or  commission  paid  to  any  employment  agent  by 
any  applicant  for  employment. 

Sec.  2.  Any  person,  firm,  corporation,  or  association  violating  any 
of  the  provisions  of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor; 
and  upon  conviction  thereof  shall  be  fined  not  more  than  two  hundred 
(200)  dollars  nor  less  than  fifty  (50)  dollars,  or  be  imprisoned  in  the 
county  jail  not  more  than  thirty  (30)  days,  or  be  both  fined  and  im- 
prisoned. 

Sec.  3.  All  Acts  and  parts  of  Acts  in  conflict  with  the  provisions  of 
this  Act  are  hereby  repealed. 

Sec.  4.     This  Act  shall  take  effect  immediately. 


No.  13. 

An  Act  to  Provide  for  the  Employment  of  Citizens  of  the 
United  States  upon  Public  Works  within  this  State. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

Section  1.  No  person  not  a  citizen  of  the  United  States  shall  be  em- 
ployed upon  or  in  connection  with  any  public  works  under  the  control 
of  or  conducted  by  this  State,  or  any  municipal  corporation  within  this 
State,  and  a  stipulation  to  that  effect  must  be  made  a  part  of  all  con- 
tracts to  which  the  State,  or  any  municipal  corporation  therein,  is  a 
party. 

Sec.  2.     This  Act  shall  take  effect  immediately. 

No.  14. 
An  Act  to  Provide  for  a  Lunch  Hour  for  Employes. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

Section  1.  Every  person,  co-partnership,  or  corporation  employing 
five  (5)  or  more  persons  shall  designate  a  period  of  time  during  each 
working  day  for  the  mid-day  meal  of  each  of  their  employes,  and  shall 
allow  each  and  every  employe  not  less  than  forty-five  (45)  minutes  for 
such  meal;  provided,  however,  that  this  section  shall  not  be  construed 
to  apply  to  employers  who  furnish,  or  to  employes  who  take,  the  said 
mid-day  meals  in  and  upon  the  premises  where  the  employe  works. 

Sec  2.  Every  person  violating  the  provisions  of  this  Act  shall  be 
guilty  of  a  misdemeanor;  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  to  exceed  fifty  (50)  dollars,  or  imprisonment  in  the 
county  jail  not  to  exceed  thirty  (30)  days,  or  by  both  such  fine  and 
imprisonment. 

Sec.  3.  This  Act  shall  take  effect  and  be  in  full  force  immediately 
on  and  after  its  approval. 


21 


No.  15. 


An  Act  to  Provide  for  the  Protection  of  Life  and  Property 
Against  Insecure  Steam  Boilers,  and  for  the  Establishment 
of  a  System  of  Inspection  of  Steam  Boilers,  and  for  Li- 
censing Engineers  and  Boiler  Attendants. 

Tlie  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

Section  1.  That  there  shall  be  organized  and  established,  within 
thirty  (30)  days  after  this  Act  shall  take  effect,  in  and  for  this  State,  a 
Board  of  Steam  Boiler  Inspectors,  who  shall  be  citizens  of  the  United 
States  and  not  less  than  thirty  years  old — one  Chief  Inspector  and  one 
assistant  inspector  for  each  two  adjoining  Congressional  districts  of  this 
State — to  be  appointed  in  the  manner  and  for  the  terms  hereinafter  pro- 
vided, whose  duties,  besides  those  hereinafter  especially  provided  for, 
shall  be  to  thoroughly  inspect  and  pass  upon  the  condition  and  efficiency 
of  all  steam  boilers  used  in  the  State,  except  locomotive  boilers  belong- 
ing to  railroad  companies,  boilers  coming  under  the  inspection  laws  of 
the  United  States,  and  boilers  used  exclusively  for  domestic  purposes  in 
private  houses,  to  be  particularly  designated  by  said  Board. 

Sec.  2.  Within  twenty  (20)  days  after  this  Act  shall  take  effect,  the 
Governor  of  this  State  shall  appoint  the  Chief  Inspector,  who  shall  be  a 
practical  boiler-maker  of  at  least  fifteen  (15)  years'  experience  as  such, 
a  union  man,  and  who  shall  be  competent  to  examine  and  determine 
the  strength  and  quality  of  all  kinds  of  steam  boilers,  aiid  to  examine 
and  determine  the  competency  of  engineers  to  manage  and  control 
steam  generators,  and  to  examine  and  determine  the  design,  material, 
construction,  and  safe-working  pressure  of  steam-generating  apparatus. 
The  Chief  Inspector  shall,  within  ten  (10)  days  after  his  appointment, 
file  his  acceptance  with  the  Secretary  of  State,  and  at  the  same  time  he 
shall  file  with  said  Secretary  his  bond,  with  two  or  more  sufficient  sure- 
ties, to  be  approved  by  said  Secretary,  conditioned  for  the  faithful  dis- 
charge of  his  official  duties,  in  the  penal  sum  of  twenty-five  hundred 
(2,500)  dollars.  And  thereupon  the  Secretary  of  State  shall  issue  to 
him  his  commission.  The  first  appointee  to  the  office  of  Chief  Inspector 
shall  hold  his  office  until  the  first  day  of  January,  eighteen  hundred 
and  ninety-nine,  and  until  his  successor  shall  be  appointed  and  quali- 
fied; and  on  the  first  day  of  January,  eighteen  hundred  and  ninety- 
nine,  and  biennially  thereafter,  or  within  ten  (10)  days  after  said 
respective  dates,  the  Governor  shall  appoint  his  successor.  The  Chief 
Inspector  shall  receive  an  annual  salary  of  twenty-five  hundred  (2,500) 
dollars,  to  be  paid  out  of  the  State  Treasury  in  the  same  manner  as 
State  officials  are  paid. 

Sec  3.  A  suitable  room  or  rooms,  and  all  necessary  instruments, 
books,  blanks,  stationery,  and  other  property,  and  necessary  assistants, 
shall  be  provided  for  by  the  State,  for  the  Chief  Inspector,  in  San  Fran- 
cisco, to  be  paid  by  the  State  Treasurer  in  the  usual  manner. 

Sec.  4.  Within  forty  (40)  days  after  this  Act  shall  take  effect,  the 
Governor  shall  appoint  four  (4)  assistant  inspectors,  of  like  qualifica- 
tions required  of  the  Chief  Inspector,  but  of  ten  or  more  years'  experi- 
ence as  boiler-makers;  all  of  whom,  as  well  as  the  Chief  Inspector,  shall 


—  22  — 

be  citizens  and  electors  of  this  State.  And  such  assistants  shall  be 
elected,  as  far  as  possible,  from  the  districts  over  which  they  respectively 
operate.  Their  appointments  shall  be  for  the  same  term,  and  shall  be 
made  after  the  first  appointment,  and  within  twenty  (20)  days  after 
qualification  of  the  Chief  Inspector,  on  the  nomination  and  recom- 
mendation of  the  newly  appointed  Chief  Inspector.  But  any  assistant 
inspector  may  be  removed  at  any  time,  for  incompetency  or  other  valid 
cause,  by  the  Governor,  on  recommendation  of  the  Chief  Inspector;  and 
each  assistant  inspector  shall  receive  an  annual  salary  of  fifteen  hundred 
(1,500)  dollars,  payable  in  monthly  installments  out  of  the  State  Treas- 
ury, in  the  manner  provided  for  the  payment  of  salaries  of  State  oflicers; 
and  each  member  of  said  Board  shall  receive  monthly,  in  addition  to  his 
salary,  from  like  source,  his  actual  expenses  incurred  in  the  performance 
of  his  ofiicial  duties,  to  be  allowed  and  paid  in  the  manner  provided  by 
law  for  proof,  allowance,  and  payment  of  other  State  ofiicials.  Each 
assistant  inspector,  before  entering  upon  the  duties  of  his  office  and 
within  ten  (10)  days  after  his  appointment,  shall  file  with  the  Secretary 
of  State  his  acceptance  and  oath  of  office,  and  a  bond  in  the  penal  sum 
of  twenty-five  hundred  (2,500)  dollars,  with  two  or  more  sufiicient 
sureties,  to  be  approved  by  the  Secretary  of  State,  conditioned  for  the 
faithful  discharge  of  the  duties  of  his  office,  and  to  account  for  and  pay 
over  to  the  Chief  Inspector,  on  the  first  day  of  each  month,  or  within 
ten  (10)  days  thereafter,  all  money  received  by  him  for  the  State,  under 
the  provisions  of  this  Act. 

Sec.  5.  All  clerks  and  other  assistants  than  those  specified  as  mem- 
bers of  said  Board,  shall  be  appointed  by  the  Chief  Inspector,  and 
confirmed  by  the  Governor,  and  shall  be  removed  in  like  manner;  and 
shall  receive  such  compensation  as  shall  hereafter  be  fixed  and  deter- 
mined for  each  person  or  persons  appointed,  such  compensation  to  be 
audited  by  the  Controller  in  the  usual  manner.  And  the  Board  of  Steam 
Boiler  Inspectors  shall  make,  alter,  and  amend  such  rules  and  regula- 
tions for  the  management  and  dispatch  of  the  business  and  duties  of 
the  Board  of  Inspectors  as  they  shall  deem  expedient,  and  as  shall  in 
nowise  be  in  conflict  with  the  provisions  of  this  Act  or  any  other  law  of 
this  State. 

Sec.  6.  This  State  shall  be  divided  into  four  (4)  steam  boiler  dis- 
tricts by  the  Board  of  Steam  Boiler  Inspectors,  within  sixty  (60)  days 
after  the  organization  of  said  Board,  and  such  districts  may  be  changed 
at  any  time  by  the  joint  action  of  said  Board;  such  divisions  to  be 
made  and  maintained,  as  far  as  possible,  so  as  to  cover  the  work  to  be 
done  by  the  inspectors  equally  among  them;  and  there  shall  be  one  (1) 
assistant  assigned  for  each  district,  who  shall  be  a  resident  thereof.  If, 
at  the  first  appointment  of  assistants,  any  district  shall  be  without  a 
resident  assistant,  the  Chief  Inspector  shall  designate  one  of  the 
inspectors  therefor,  who  shall  remove  into  and  reside  in  such  district; 
or,  if  he  fails  to  do  so  within  ten  (10)  days  after  such  designation,  his 
office  shall  be  deemed  vacant  and  an  assistant  inspector  appointed  who 
is  a  resident  in  such  district,  if  a  qualified  person  can  be  found  resi- 
dent in  said  district;  otherwise,  one  residing  in  some  other  district,  who, 
before  entering  on  the  duties  of  his  office,  shall  remove  into  and  become 
a  resident  in  such  district.  The  Chief  Inspector  shall  keep  and  file  all 
reports  of  the  assistant  inspectors,  and  shall  keep  a  record  of  all  boilers 
inspected,  time  of  inspection,  location  thereof,  repairs  ordered  thereon, 


boilers  condemned  as  unsafe,  accidents  to  boilers,  either  from  explosion 
of  shell,  rupture  or  collapse  of  flues  or  tubes,  and  a  correct  record  of  all 
moneys  collected  by  such  assistant  inspector  in  fees,  and  from  whom 
and  for  what  work  received.  He  shall  receive  from  assistant  inspectors, 
who  shall  pay  to  him  in  accordance  with  the  conditions  of  their  re- 
spective bonds,  all  fees  for  work  done  by  the  assistant  inspector,  and  pay 
the  same  forthwith  to  the  State  Treasurer,  taking  his  receipt  therefor, 
and  keep  a  correct  record  of  such  receipts  and  payments. 

Sec.  7.  Each  assistant  inspector  shall  make  a  thorough  list,  and 
preserve  and  keep  complete  the  same,  of  all  boilers  coming,  or  which 
should  come,  under  his  inspection;  and  he  shall  make  a  thorough 
examination  and  test  of  all  such  boilers  and  of  classified  water-heaters 
subject  to  the  action  of  fire  and  waste  gases,  of  all  closed  vessels  into 
which  steam  is  admitted,  and  of  all  boilers  within  this  Act,  of  whatever 
kind,  which  are  used  for  heating  churches,  schools,  hospitals,  hotels,  and 
other  buildings  of  a  public  character  where  the  public  from  time  to  time 
pass,  enter,  congregate,  or  assemble;  such  examination  and  test  to  be 
made  at  least  once  in  every  year  and  whenever  directed  by  the  Chief 
Inspector,  or  when  deemed  necessary  by  the  assistant  inspector,  on 
complaint  of  ten  or  more  persons,  in  writing,  that  any  such  boiler,  etc., 
is  unsafe.  The  assistant  inspector  shall,  at  his  option,  apply  the  ham- 
mer or  hydrostatic  test,  and  if  the  hammer  test  is  given  the  examina- 
tion and  test  shall  be  thorough  and  searching  on  every  part  of  the  boiler 
externally,  and  internally  when  possible.  The  hydrostatic  test  shall 
be  one  fourth  more  than  the  pressure  allowed,  but  in  no  case  shall  a 
greater  pressure  be  allowed  than  the  United  States  standard  pressure. 
Examination  to  be  thorough,  and  shall,  as  far  as  possible,  be  regulated 
by  rules  of  the  Board  at  regular  intervals,  for  each  kind  and  quality  of 
boilers,  and  shall  be  made  without  haste,  interruption,  or  interference 
by  interested  persons.  It  shall  be  an  eye,  hand,  and  light  hammer  test 
of  every  plate,  stay,  brace,  tube,  and  rivet  possible,  and  of  fittings,  appli- 
ances, construction,  material,  settings,  and  surroundings,  so  as  to  fully 
determine  the  condition  of  the  generator  and  all  of  its  affected  parts. 

Sec.  8.  It  shall  be  the  duty  of  each  person,-  firm,  and  corporation  in 
this  State,  or  who  shall  be  operating  or  using  any  boiler  or  steam  gen- 
erator in  this  State,  which  comes  within  the  provisions  of  this  Act  or 
within  the  province  of  said  Board,  when  called  to  their  attention  and 
notice,  and  within  thirty  (30)  days  after  the  organization  of  said  Board 
or  notice  of  said  designation,  and  immediately  upon  procuring  for  use 
any  such  boiler  or  steam  generator,  to  report  the  same  to  the  inspector 
of  the  district  within  which  such  boiler  or  steam  generator  is  in  use  or 
is  to  be  used,  and  if  in  use  or  to  be  used  in  more  than  one  (1)  of  said 
districts,  then  to  the  assistant  inspector  of  each  district  in  which  used 
or  to  be  used;  and  within  the  same  time,  such  persons,  firm,  or  corpora- 
tion shall  make  a  like  report  to  the  Chief  Inspector,  and  shall  not  use 
or  allow  to  be  used  any  side  boiler  or  steam  generator  which  has  not 
been  duly  inspected  and  approved  under  the  provisions  of  this  Act, 
until  the  same  is  duly  approved.  Any  person,  firm,  or  corporation  who 
shall  violate  any  provision  of  this  section  shall  be  liable  to  the  people 
of  this  State  in  an  action  of  debt  or  assumpsit  for  a  penalty  of  one  hun- 
dred (100)  dollars,  to  be  sued  for  before  any  court  of  competent  juris- 
diction and  collected  in  the  same  manner  as  private  claims;  and  any 
engineer,  manager,  steward,  or  employe  of  any  such  person,  firm,  or 


—  24  — 

corporation,  who  shall  use  or  operate  any  such  uninspected  or  any  con- 
demned steam  boiler  or  generator,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  punished  by  a  fine  of  not 
less  than  one  hundred  (100)  nor  more  than  two  hundred  and  fifty 
(250)  dollars,  or  by  imprisonment  in  the  county  jail  for  a  period  of  not 
exceeding  ninety  (90)  days,  or  by  both  such  fine  and  imprisonment,  in 
the  discretion  of  the  Court;  and  in  case  the  Court  shall  impose  both  a 
fine  [\nd  imprisonment,  that  sentence  may  be  for  such  term  of  imprison- 
ment first,  and  the  payment  of  the  fine  on  the  expiration  thereof;  and 
that  the  offender,  in  default  of  such  fine,  shall  remain  imprisoned  in  the 
county  jail  until  the  payment  of  such  fine,  for  the  further  term  of  not 
exceeding  ninety  (90)  days. 

Sec.  9.  The  fees  for  examination,  inspection,  and  test  to  be  collected 
by  the  assistant  inspectors  from  the  owners  or  users  of  any  boiler  or 
steam  generator  inspected  under  this  Act  shall  be  as  follows: 

For  each  fifteen  horse-power  and  under,  four  dollars. 

For  each  fifteen  to  thirty  horse-power,  five  dollars. 

For  each  thirty  to  forty-five  horse-power,  six  dollars. 

For  each  forty-five  horse-power  and  over,  seven  dollars. 

For  two  or  more  boilers  in  batteries,  at  one  inspection,  four  dollars 
each. 

For  certificates  of  license  to  engineers  or  boiler  attendants,  one  dollar. 

No  inspected  boiler  or  steam  generator  shall  be  used  until  after  such 
fees  are  fully  paid,  and  no  engineer  or  boiler  attendant  shall  use  the 
same  until  he  obtains  such  a  certificate  after  examination,  under  like 
penalty,  by  suit,  fine,  and  imprisonment,  as  is  presented  in  section 
eight  of  this  Act.  Hydrostatic  tests  shall  be  applied  to  all  boilers;  but 
no  test  shall  supersede  the  actual,  full  examination  by  other  means  pre- 
sented; and  when  a  hydrostatic  test  is  applied,  it  shall  be  with  water 
warmed  almost  to  the  boiling-point.  All  boilers  and  steam  generators 
ordered  to  be  repaired,  and  repaired,  shall  be  examined  before  use.  The 
assistant  inspector  may  approve,  order  repaired,  or  condemn  any  boiler 
or  steam  generator  examined  by  him;  and  no  such  boiler  or  generator 
shall  be  used  after  such*  examination  until  a  certificate  is  issued  to  the 
user  or  owner  thereof,  by  the  examining  inspector,  and  paid  for,  under  a 
like  penalty  as  is  provided  for  in  section  eight  of  this  Act.  If,  on  inspec- 
tion, any  boiler  or  generator  shall  pass  favorable  inspection,  it  shall  be  the 
duty  of  the  assistant  inspector  to  issue  his  certificate  thereof,  on  payment 
of  the  inspection  fee,  which  certificate  shall  be  good  for  one  (1)  year,  or 
until  another  actual  examination  is  had  in  accordance  with  the  pro- 
visions of  this  Act.  The  assistant  inspector  shall  file  a  duplicate  of 
each  certificate  and  order  for  repairs  or  condemnation,  with  the  Chief 
Inspector,  and  give  to  each  owner  or  user  an  order  for  repairs  when  and 
wherein  deemed  necessary;  and  in  case  of  condemnation,  a  written 
notice  thereof.  And  in  case  the  owner  o'r  user  of  any  apparatus  so  con- 
demned or  ordered  repaired  shall  neglect  or  refuse  to  pay  the  inspection 
fee,  the  State  shall  have  a  lien  on  said  apparatus  therefor,  and  the 
assistant  inspector  shall  make  requisition  upon  the  Sheriff  of  the  county 
in  which  said  boiler  or  apparatus  is  located,  and  said  Sheriff  shall  pro- 
ceed against  said  owner  or  owners  or  property  in  the  usual  manner  for 
the  collection  of  taxes  or  other  moneys  due  the  State  or  counties;  and 
when  the  said  Sheriff  shall  have  collected  the  inspector's  fees  he  shall 
make  return  of  same  to  said  inspector,  taking  his  receipt  therefor.     And 


—  25  — 

the  assistant  inspector  shall  give  to  the  purchaser  or  purchasers  at  said 
sale  a  certificate  thereof,  subscribed  by  him  officially,  which  shall  have 
full  effect  to  convey  to  the  purchaser  all  title  of  the  owner  of  such 
apparatus,  whoever  he  may  be. 

Sec.  10.  If  any  engineer,  or  person  managing  and  using  any  steam 
boiler  or  generator  coming  within  the  provisions  of  this  Act,  shall  care- 
lessly, negligently,  or  willfully  endanger  the  life  of  any  person  by  per- 
mitting the  water  used  in  such  boiler  or  generator,  when  in  use,  to  fall, 
or  remain,  or  stand  below  the  flues  or  crown  sheets  thereof,  or  otherwise 
neglect  his  duties  so  as  to  endanger  life,  limb,  or  property  thereby,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  (100)  dollars 
nor  more  than  two  hundred  and  fifty  (250)  dollars,  or  by  imprison- 
ment in  the  State  penitentiary  for  a  period  of  not  exceeding  one  (1) 
year,  or  by  both  such  fine  and  imprisonment  in  the  county  jail  for  not 
exceeding  one  (1)  year.  And  if  any  inspector  provided  for  by  this  Act 
shall  directly  or  indirectly  omit  any  duty  to  be  performed  by  him,  or 
take  or  receive  from  any  person  any  money  or  other  valuable  article 
or  thing,  except  the  fees  provided  for  by  this  Act,  for  the  purpose  of 
defrauding  any  person  or  relieving  any  person  from  the  performance  of 
his  duty  under  this  Act,  or  for  the  purpose  of  granting  or  withhold- 
ing any  examination  or  any  certificate,  order,  or  notice,  or  if  he  shall 
willfully  make  a  false  or  fraudulent  report,  certificate,  order,  or  notice, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and  be  punished  therefor 
as  in  this  section  hereinbefore  provided. 

Sec.  11.  Each  assistant  inspector  shall  keep  a  full  record  of  all 
matters  coming  under  his  inspection,  in  such  manner  as  shall  be  pro- 
vided for  by  the  Board,  and  shall  attend  each  meeting  of  said  Board. 
The  regular  meetings  of  the  Board  of  Steam  Boiler  Inspectors  shall  be 
held  at  the  office  of  the  Chief  Inspector,  in  January  and  July  of  each 
year,  at  such  date  or  dates  as  shall  be  fixed  by  the  Chief  Inspector,  in 
December  of  each  preceding  year,  a  notice  of  which  shall  be  duly  given 
to  each  assistant  inspector  when  appointed,  and  at  least  ten  (10)  days 
before  such  meeting.  All  complaints  against  assistant  inspectors  regard- 
ing the  non-performance  of  their  duties,  or  otherwise,  shall  be  made  to 
the  Chief  Inspector,  who  shall  report  the  same  forthwith  to  the 
Governor,  if  of  a  serious  nature;  provided,  that  nothing  herein  shall  be 
deemed  to  prevent  the  commercial  proceeding  against  such  inspector, 
prior  to  such  notice. 

Sec.  12.  No  person  shall  take  or  retain  charge  of  any  such  steam 
boilers  or  generators  for  the  purpose  of  operating  the  same,  either  as 
engineer  or  attendant,  after  the  lapse  of  sixty  (60)  days  after  this  Board 
shall  be  organized,  unless  he  has  been  examined  by  the  assistant  inspec- 
tor of  the  boiler  district  in  which  he  operates  or  intends  to  operate,  as 
to  his  qualification  to  use,  manage,  and  control  any  such  boiler  or 
generator.  Each  applicant  for  an  engineer's  or  boiler-tender's  license 
must  be  twenty-one  (21)  years  of  age  and  a  citizen  of  the  United 
States,  and  must  have  had  an  actual  recent  experience  of  at 
least  one  (1)  year  as  engineer  or  attendant,  or  as  an  assistant,  and 
must  state  his  experience,  in  writing,  on  a  blank  furnished  and  pre- 
senteU  by  the  Board.  The  applicants  must  be  favorably  recommended 
by  at  least  two  (2)  citizens  of  the  State,  one  or  more  of  whom  shall  be 
an  engineer  or  steam-user  of   known  experience,  who  shall  take  oath 


—  26  — 

that  they  have  heard  read  the  said  application  and  believe  the  state- 
ments of  the  applicant  therein  to  be  true.  The  assistant  inspector 
shall  have  power  to  administer  the  oath  to  such  persons  and  to  the 
applicant  for  the  position,  orally  examining  him  as  to  his  experience 
and  qualifications,  and  may  so  examine  him,  taking  and  preserving  a 
minute  thereof,  a  copy  of  which,  with  a  copy  of  said  application,  shall 
be  sent  to  the  Chief  Inspector.  If  the  applicant  passes  a  satisfactory 
examination,  the  assistant  inspector  shall  issue  to  him  a  certificate 
thereof,  specifying  the  kind  of  boiler  or  apparatus  he  is  licensed  to 
operate  and  use,  and  such  license  shall  not  apply  to  the  use  of  any  kind 
requiring  higher  qualification.  If  the  assistant  inspector  refuses  to 
grant  such  license,  the  applicant  may  appeal  to  the  Chief  Inspector, 
whose  decision  shall  be  final.  And  in  all  cases  where  the  license  is 
granted  by  an  assistant,  after  a  full  report  thereof  and  the  examination 
of  the  applicant,  if  the  Chief  Inspector  becomes  satisfied  that  the 
license  was  wrongfully  or  imprudently  granted,  he  may  revoke  the 
same.  And  any  license  may  be  revoked  by  the  inspector  who  granted 
the  same  for  good  cause  shown,  and  if  revoked  by  an  assistant,  a  like 
appeal  may  be  taken  as  aforesaid.  Each  assistant  inspector  shall  file 
with  the  clerk  of  each  county  which,  or  part  of  which,  is  included  in  his 
boiler  district,  the  name  of  each  licensed  applicant,  and  of  each  rejected 
applicant,  forthwith,  and  in  case  of  granting  or  revoking  a  license  there- 
tofore refused  or  granted,  the  assistant  inspector,  on  notice  thereof,  shall 
forthwith  file  a  report  thereof  with  such  County  Clerk,  who  shall  keep 
a  record  of  all  such  reports.  The  Board  may  more  fully  prescribe  rules 
and  regulations  for  examinations  of  such  applicants,  and  for  all  forms 
to  be  used  therein,  not  inconsistent  with  the  provisions  of  this  Act.  All 
such  licenses  shall  expire  at  the  end  of  one  (1)  year  after  being  granted, 
unless  renewed,  for  which  renewal  a  fee  of  fifty  (50)  cents  shall  be  paid. 
Every  licensed  engineer  or  attendant  shall  notify  the  assistant  inspector 
of  his  boiler  district,  whenever  he  accepts  employment,  of  the  location 
and  kind  of  boiler  used,  the  name  of  his  employer,  the  term  of  service 
agreed  upon,  and,  when  he  ceases  employment,  the  time  employed;  and 
for  failure  to  make  such  report  forthwith,  his  license  may  be  revoked, 
subject  to  appeal  as  aforesaid.  Each  licensed  engineer  and  attendant 
shall  also  report  to  the  assistant  inspector,  within  the  first  ten  (10) 
days  of  January  and  July,  the  condition  of  the  boiler  or  generator, 
pumps,  and  connections  under  his  charge,  under  like  penalty  of  forfeit- 
ing his  license  not  so  to  do.  Such  report  to  be  made  on  blanks  to  be 
provided  by  the  assistant  inspector  from  the  Board. 

Sec.  13.  It  shall  be  unlawful  for  any  inspector  to  grant  any  false 
certificate  or  report,  or  for  any  person  to  alter  the  number  or  index  of 
any  inspected  boiler,  or  to  make  any  alteration  or  change  in  any  regis- 
tered boiler,  which  will  affect  its  condition  as  to  safety  or  use,  without 
notice  to  and  consent  of  the  assistant  inspector;  or,  without  such  consent 
in  writing,  to  remove  any  stationary  boiler  out  of  any  building  or  in- 
closure  where  the  same  is  recorded  to  be;  and  any  registered  boiler  the 
number  or  index  of  which  is  altered,  or  any  registered  boiler  which  is 
so  altered  or  recorded,  shall  not  again  be  used  until  reexamined  and 
tested,  under  the  penalty  prescribed  in  section  eight  of  this  Act. 

Sec.  14.  No  person  directly  or  indirectly  interested  in  any  patented 
article  required  to  be  used  in  any  steam  apparatus  coming  under  the 
provisions  of  this  Act,  or  who  is  a  member  of  any  firm  or  corporation 


—  27  — 

manufacturing  the  same,  or  who  is  pecuniarily  interested  in  the  manu- 
facture or  use  of  the  same  in  any  way,  or  who  does  not  possess  the 
necessary  qualifications  prescribed  by  this  Act  or  the  rules  of  said  Board, 
or  who  is  intemperate  in  the  use  of  intoxicants,  shall  be  eligible  to  any 
office  of  chief  or  assistant  inspector. 

Sec.  15.  Every  boiler  or  steam  generator  owner  coming  within  the 
provisions  of  said  Board  shall  procure  each  apparatus  belonging  to  him 
and  used  by  him  to  be  registered  with  the  assistant  inspector  of  his 
district,  or  of  the  several  districts  through  which  he  operates,  and  shall 
procure,  from  the  one  first  registered  with,  an  index  number  of  each 
apparatus,  which  numbef  he  shall  permanently  affix  to  such  apparatus, 
in  a  conspicuous  place  thereon,  at  or  near  the  firing  end  thereof;  and 
until  indexed,  such  apparatus  shall  not  be  used,  under  penalty  pre- 
scribed in  section  eight  of  this  Act.  Each  steam  boiler  coming  under 
the  provisions  of  this  Act  shall,  under  like  penalty,  as  affirmed,  be  pro- 
vided with  two  (2)  independent  feeds,  each  of  which  can  furnish  all 
necessary  water  for  the  boiler,  and  with  safety  (lever  type),  area  to  be 
one  square  inch  to  each  two  (2)  feet  square  of  grate,  or  one  square  inch 
to  each  three  (3)  square  feet  of  grate  in  pop  or  spring  type;  and  shall 
have  a  fusiblfe  plug  inserted,  or  similar  safe  appliance  satisfactory  to 
inspector.  All  second-hand  boilers  before  being  sold  or  used  after 
removed  from  such  prior  use,  or  used,  must  be  examined  and  tested. 

Sec.  16.  Any  person  who  shall  load,  or  cause  to  be  loaded  or  ob- 
structed in  any  way,  the  safety-valve  of  any  boiler  or  steam  generator, 
or  who  may  employ  any  means  or  device  whereby  the  boiler  may  be 
subjected  to  greater  pressure  than  is  allowed  by  the  inspector  in  his 
certificate  of  inspection,  or  intentionally  damages  or  hinders  the  opera- 
tion of  any  machinery  device  employed  to  denote  the  status  of  water. or 
steam  in  any  boiler  or  steam  generator  or  gives  warning  of  danger,  or 
who  permits  the  water  to  fall  below  the  prescribed  low- water  line  of  the 
boiler  or  steam  generator,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  (100)  dollars 
nor  more  than  five  hundred  (500)  dollars,  or  by  imprisonment  in  any 
State  Prison  or  in  the  county  jail  not  more  than  one  (1)  year,  or  by 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  Court. 

Sec.  17.  The  certificate  of  inspection  of  any  boiler  or  steam  genera- 
tor shall  be  posted  or  hung  up,  and  kept  posted  and  hung  Up,  in  the 
room  or  place  where  such  boiler  or  steam  generator  is  used,  in  a  con- 
spicuous place;  and  every  licensed  engineer  or  attendant  shall,  on 
demand  of  any  person,  show  such  license,  under  penalty  of  the  revoca- 
tion of  either  said  certificate  or  license. 

Sec.  18.     This  Act  shall  take  effect  immediately. 


—  28 


No.  16. 


An  Act  Providing  for  the  Payment  of  Employes  upon  Dis- 
charge or  Resignation  from  Service. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly y 

do  enact  as  follows: 

Section  1.  Any  employe  who  shall  be  discharged  from  or  who  shall 
voluntarily  leave  the  service  of  any  person,  firm,  or  corporation,  shall 
be  entitled,  forthwith,  to  pay  for  service  rendered  which  may  at  the  time 
remain  unpaid,  and  the  said  employe,  upon  demand,  shall  receive  such 
pay;  and  any  person,  firm,  or  corporation  who  shall,  after  the  said 
demand  shall  have  been  made,  refuse  the  said  employe  the  pay  to  which^ 
he  or  she  may  be  entitled,  such  person,  firm,  or  corporation  shall  be  liable 
to  such  employe,  in  addition  to  the  wages  due,  in  a  sum  equivalent  to 
the  amount  which  the  said  employe  would  have  earned  in  case  he  or  she 
had  continued  in  the  employ  of  the  said  person,  firm,  or  corporation,  from 
the  date  of  his  or  her  resignation  or  discharge  up  to  and  including  the 
date  of  settlement  by  the  said  person,  firm,  or  corporation  with  the  said 
employe;  provided,  however,  that  this  Act  shall  not  be  construed  to  mean 
that  an  employe  who  shall  have  violated  the  terms  of  his  or  her  contract 
with  the  said  person,  firm,  or  corporation,  shall  be  a  beneficiary  under 
its  provisions. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


No.  17. 

An  Act  to  Prevent  the  Blacklisting  of  Employes. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

Section  1.  Every  corporation,  firm,  or  person  who  shall,  in  this 
State,  send  or  deliver,  or  who  shall  make  or  cause  to  be  made,  for  the 
purpose  of  being  delivered  or  sent,  or  who  shall  part  with  the  possession 
of  any  paper,  letter,  or  writing,  with  or  without  a  name  signed  thereto^ 
or  signed  with  a  fictitious  name,  or  with  any  letter,  mark,  or  other 
designation,  or  who  shall  publish  or  cause  to  be  published  any  false 
statement,  for  the  purpose  of  preventing  any  person  from  obtaining 
employment  in  this  State  or  elsewhere,  and  every  cori)oration,  firm,  or 
person  who  shall  "  blacklist  "  or  cause  to  be  "  blacklisted  "  any  person 
or  persons,  by  writing,  printing,  or  publishing  the  name  of  any  person 
or  persons,  or  any  mark  or  designation  representing  the  name  of  any 
person,  in  any  paper,  pamphlet,  circular,  or  book,  or  causing  the  same 
to  be  done,  together  with  any  false  statement  concerning  said  person  or 
persons  so  named  or  designated,  or  who  shall  publish  that  any  person  is 
a  member  of  any  secret  organization,  for  the  purpose  of  preventing  said 
person  or  persons  from  securing  employment  or  for  the  purpose  of 
causing  the  discharge  from  employment  of  any  person  or  persons 
employed  by  any  company,  corporation,  individual,  individuals,  or  firm^ 
shall,  on  conviction,  be  deemed  guilty  of  a  misdemeanor,  and  punished 


—  29  — 


by  a  fine  not  less  than  one  hundred  (100)  dollars,.and  not  exceeding 
five  hundred  (500)  dollars,  or  by  imprisonment  in  the  county  jail  not 
less  than  two  (2)  months  and  not  greater  than  six  (6)  months,  or  by 
both  such  fine  and  imprisonment. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


No.  18. 

An  Act  to  Provide  for  Costs  in  Actions  for  the  Price  of  Labor 

or  Services. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly j 

do  enact  as  follows: 

Section  1.  If  sluj  person,  partnership,  or  corporation,  having  em- 
ployed any  person  to  perform  any  labor  or  render  any  services,  shall 
neglect  or  refuse  to  pay  the  agreed  price  for  such  services  or  labor,  if 
the  price  thereof  has  been  agreed  upon,  or  the  reasonable  value  thereof, 
if  the  price  has  not  been  agreed  upon,  for  thirty  (30)  days  after  the 
same  becomes  due,  and  payment  has  been  demanded,  and  the  same 
shall  be  recovered  by  action,  there  shall  be  allowed  and  taxed  for  the 
plaintiff  and  included  in  the  judgment,  in  addition  to  his  disbursements 
as  now  allowed  by  law,  five  (5)  dollars  costs,'  if  the  judgment  be  recov- 
ered in  a  Justice's  or  a  municipal  court;  and  double  the  costs  heretofore 
provided  by  law,  if  the  judgment  be  recovered  in  a  Superior  Court  or 
the  Supreme  Court  of  this  State. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


^'    \^t  "v 


Gay  lord  Bros. 

Makers 
Syracuse,  N.  Y. 
.  JAN.  21.  1908 


FOURTEEN  DAY  USE 

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